Mistrial declared in San Manuel murder conspiracy civil case

The federal government shutdown was attributed Tuesday to the declaring of a mistrial in the case of a San Bernardino man who sued two San Manuel tribal members convicted in a murder plot against him.

A juror, a federal employee, told Judge Michael A. Smith Tuesday he could no longer serve because his employer was no longer paying him for jury duty due to the government shutdown. Smith granted the juror’s request for dismissal, making him the fifth juror to be dismissed during the 7-month trial due to personal hardship.

It left only 11 jurors and Smith’s hands were tied.

“We cannot proceed. The court is faced with no alternative but to declare a mistrial,” Smith said.

The jury began deliberating in the final phase of the trial, the punitive damages phase, on Sept. 25. In July, the jury awarded plaintiff Leonard Epps $4.5 million in compensatory damages.

Epps sued San Manuel tribal members Stacy Nunez-Barajas, 30, and her brother, Erik Barajas, 40, in 2008 after learning of the murder plot that was hatched against him by the Barajases and their affiliates in the Mexican Mafia, Salvador Hernandez and his brother, Alfred Hernandez.

The Barajases commissioned the Mexican Mafia to kill Epps following a confrontation between Epps and Erik Barajas at the now defunct Brass Key bar in Highland, according to official law enforcement reports and court records.

Smith set a status conference for Nov. 7, when it will be discussed which direction to take the case. There are several possibilities: Epps can waive punitive damages and walk away with the $4.5 million settlement. He can demand a new trial, which would forfeit his right to the $4.5 million award from the current trial. Or, Epps can request a new jury in the punitive damages phase of the current trial, but it would have to be determined if the law would even allow for that.

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Jurors said Tuesday they were poised to award Epps anywhere from $1.2 million to $2.4 million in punitive damages.

“We had nine that voted yes to giving punitive damages (to Epps),” said Sandy Karge, one of the 11 remaining jurors. “We were almost done figuring out the amount of money we were going to award him.”

Karge said their first recommendation was $1.8 million and their maximum number was $2.4 million.

Joseph Arias, attorney for Stacy Nunez-Barajas, said he believes Epps doesn’t deserve any punitive damages from his client because she is serving 17 years in prison for her transgressions.

He said he plans to appeal the $4.5 million award or ask Judge Smith to lower the amount because Epps did not sufficiently prove his net worth during trial.

Peterson said the decision now rests in the hands of Epps, but he’s certain the case is far from over, as he knows Arias and Nascin will likely appeal.

“The way I look at it it’s going to wind up on appeal,” Peterson said,

About the Authors

Joe Nelson covers San Bernardino County for The Sun, Daily Bulletin and Redlands Daily Facts. Reach the author at joe.nelson@langnews.com
or follow Joe on Twitter: @sbcountynow.